On Imposition Of Civil Obligation For Medical Treatment Damage

Medical treatment dispute can damage a person's health and bring mental pains and property loss to him and his relatives, but also may disturb the medical treatment activity of medical organizations and damage the reputation and property of medical organizations and their staffs. Because medical treatment dispute is related with the interest of both doctors'and patients', the order of medical treatment, the safety of medical treatment and even the steady of our society, it has been widely concerned. The trial of the cases of compensation for medical treatment damage has been paid more and more attention by the fields of medical science and legal science. In order to promote the development of medical enterprise, this essay starts from the concept of medical treatment damage, together with the existing regulation of our country, to discuss the imposition of civil obligation caused by medical treatment damage as well as the composition elements, obligation characters, obligation confirmation rules, compensation scope and the setting-up of obligation insurance for medical treatment damage and hopefully to set up a complete system to prevent medical treatment and a system of compensation for medical treatment damage.This essay consists of 5 chapters. Chapter 1 introduces the concept of medical treatment damage and analyses the character of civil obligation caused by medical treatment damage. Paragraph 1 analyses the concept of medical treatment accident on < processing statute for medical treatment accident>, which was issued on April 14, 2002 and carried out on September 1, 2002.The author then suggests to change medical treatment accident into medical treatment damage. Paragraph 2 analyses the legal character of civil obligation caused by medical treatment from 2 different aspects---medical treatment service agreement and offences towards patients'rights of health and life caused by fault activity of medical organization. For the patients' interest, obligation of right offending should be selected. Chapter 2 introduces the composition elements of civil obligation caused by medical treatment damage and the confirmation rules of such obligation. Paragraph 1 analyses the composition elements and mentions it should include main body of obligation, reality of body damage, activity of duty violating, relation of cause and effect and main body's subjective fault. Paragraph 2 introduces the confirmation rules of civil obligation caused by medical treatment damage. To the author's opinion, fault inference rule should be applied to civil obligation caused by medical treatment damage, which takes care of both the doctors'and the patients'interest and accords with the justice rule of civil law. Chapter 3 introduces the assignment of responsibility for evidence providing and causes for responsibility exemption. Paragraph 1 introduces the rule of inverted responsibility for evidence providing, which can be only used in the cases of right offending caused by medical treatment damage. Paragraph 2 introduces the causes for responsibility exemption, which is quite different from that of common cases of right offending. Chapter 4 introduces compensation system of medical treatment damage. Paragraph 1 introduces the concept, scope and sum of compensation. In paragraph 2, the author proposed his own opinion, which is'when there is right offence caused by medical treatment damage, there must be the imposition of civil obligation caused by it'. Paragraph 3 introduces the rule of punitive compensation and analyses the possibility of its appliance in medical treatment damage. Chapter 5 introduces the obligation insurance of medical treatment. Paragraph 1 introduces the concept of obligation insurance of medical treatment and its function and meaning. Paragraph 2 introduces the scope of the obligation insurance of medical treatment. Paragraph 3 introduces the obligation exemption of such insurance, which is mainly decided by the content of the insurance agreement.With the analysis and study of civil obligation caused by medical treatment damage, this essay discusses the imposition of this obligation by absorbing some scholars'opinion. This essay aims at setting-up of a complete system to prevent medical treatment dispute, to protect the legal interest of both sides, to strengthen the legal compensation towards the patients and to lower the risk of medical organizations, till the setting-up of a complete compensation system of medical treatment damage and the development of our medical enterprise. To solve these problems needs the whole society's hard working. Some opinion in this essay is still to be discussed and improved continually in the future.